Joseph Story

“ As the allowance of double pleas and defences is a matter not of absolute right, but of discretion in the court, and as the courts constantly exercise a control over this privilege, and will disallow incompatible and sham pleas, no mandamus will lie to the court for the exercise of its authority in such cases; it being a matter of sound discretion, exclusively appertaining to its own practice. We cannot say judicially, that the court did not order the present plea to be struck from the record on this ground, as the record itself furnishes no positive means of information. ”

“ To deprive a citizen of a right of trial by jury, in any case, is a sufficiently harsh exercise of prerogative, not to be raised by implication from any general language in a statute. But to presume that the government meant to shut out the party from all defences against its claims, however well founded in law and justice, without a hearing ”

“ It is a matter of common practice in all classes of cases at least in one of the circuits, and no inconvenience or hardship has hitherto grown out of it-special exceptions, founded upon extraordinary circumstances, are and may be disposed of upon special application for delay. ”